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GS Paper: GS2

  • Breaking the ice: How India can help save the Arctic

     

    arctic

    Central idea

    The article highlights India’s pivotal role in the G20 Summit, emphasizing its ability to broker consensus between the Global North and South for climate protection. Focused on the Arctic, it underscores the urgent need to address the region’s environmental challenges and advocates for India’s active involvement in reforming Arctic governance for long-term climate preservation.

    Arctic issue 

    • Global Significance: The Arctic, crucial for the world’s climate, is warming four times faster than the global average, leading to unprecedented environmental changes.
    • Disproportionate Impact: Climate change, particularly in the Arctic, disproportionately affects the Global South, as evidenced by intricate correlations with extreme events like Indian summer monsoons.
    • Governance Challenges: Rapid development and geopolitical tensions, especially Russia’s focus on commercial exploitation, pose challenges to the current governance mechanism, such as the Arctic Council’s suspension due to the Russian invasion of Ukraine.

    India’s Pivotal Role in the G20 Summit:

    • Diplomatic Achievement: Hosting the G20 Summit showcases India’s diplomatic prowess, extracting consensus in a multipolar world.
    • Counterbalance to Expansionism: India’s role is pivotal in balancing and deterring Chinese expansionism, positioning it as a mediator between the Global North and South.
    • Climate Mediator: The nation’s diplomatic efforts extend to climate protection, reflecting its commitment to addressing global challenges.

    Addressing Climate Protection:

    • Arctic Focus: The article emphasizes India’s crucial link to climate protection, with a specific focus on the rapidly warming Arctic.
    • Ecosystem Safeguarding: By brokering consensus at the G20 Summit, India plays a key role in safeguarding ecosystems, especially those vulnerable to climate change.
    • Global Impact: India’s involvement highlights its commitment to protecting the environment and contributing to global climate efforts.

    Urgent Need to Reform Arctic Governance:

    • Challenges Posed by Russia: Russia’s commercial interests in the Arctic pose challenges to environmental preservation, necessitating urgent governance reforms.
    • Suspension of the Arctic Council: The article underscores the impact of the Arctic Council’s suspension and highlights India’s potential role in its reinstatement.
    • Proactive Indian Involvement: India’s active participation in the Arctic Council is seen as crucial for voicing concerns and advocating reforms.

    Environmental Challenges and Potential of India:

    • Bridging Historical Divides: India’s potential lies in its ability to bridge historical divides, fostering aligned positions among nations.
    • Global South Leadership: India’s active involvement in the Arctic Council positions it as a leader in the Global South, advocating for environmental causes.
    • Diplomatic Momentum: Leveraging diplomatic momentum, India can address challenges posed by geopolitical tensions and commercial interests.

    Highly important key points from this article

    • Arctic warming is four times faster than the global average, resulting in unprecedented sea ice loss and permafrost thawing.
    • Continued Arctic change may release carbon, rivaling US cumulative emissions.
    • Melting Arctic correlates with extreme rainfall in the Indian monsoon, affecting agriculture crucial to the Global South.
    • The Arctic Council governing global commons is suspended due to geopolitical tensions.
    • India, part of the Global South, holds observer status in the Arctic Council.

     

    Arctic Council from a prelims perspective:

     

    Formation and Members: The Arctic Council is an intergovernmental forum established in 1996. It consists of eight Arctic States: the United States, Russia, Canada, Norway, Denmark, Sweden, Finland, and Iceland.

    Observer Status: The Council allows for the participation of non-Arctic states, intergovernmental and interparliamentary organizations as observers. India has observer status in the Arctic Council, indicating its interest in Arctic affairs.

    Focus Areas: The primary focus of the Arctic Council is on issues related to environmental protection, sustainable development, and scientific cooperation in the Arctic region.

     

    Way Forward and Global Leadership:

    • Utilizing Diplomatic Momentum: The way forward involves using India’s diplomatic momentum to lead discussions on climate governance.
    • Advocating Reforms: As India proposes a virtual G20 Summit, active advocacy for reforms in Arctic governance is crucial.
    • Commitment to Leadership: India’s commitment to global leadership in climate protection aligns with its aspirations and responsibility for sustainable environmental stewardship.

    Conclusion:

    In conclusion, the article highlights India’s dual role as a diplomatic consensus-builder and a champion for environmental causes. By navigating conflicts, proposing reforms, and actively participating in global initiatives, India can lead the charge in addressing urgent climate challenges, especially those posed by the warming Arctic. This approach aligns with India’s aspirations for global leadership and sustainable environmental stewardship.

  • India- Qatar Diplomatic Conundrum

    qatar

    Central Idea

    • The recent verdict of the death penalty for eight Indian Navy officials in Qatar has sent shockwaves through diplomatic circles.
    • The Indian MEA expressed deep shock and initiated a quest for legal remedies.

    What is the case about?

    • Arrest Details: The Indian Embassy learned about their arrests in mid-September the previous year.
    • Consular Access: The first consular access was granted on October 3, more than a month after their detention.
    • Solitary Confinement: While the specific charges were never disclosed publicly, the detainees’ confinement in solitary cells hinted at possible security-related offences.

    qatar

    India-Qatar Relations

    • Historical Relations: India and Qatar have maintained friendly relations for decades. PM Manmohan Singh’s visit to Qatar in 2008 marked a significant turning point, followed by reciprocal visits from the Emir of Qatar and PM Narendra Modi.
    • Economic Ties: The bilateral trade between India and Qatar, valued at $15 billion, primarily involves LNG and LPG exports from Qatar to India.
    • Defence Cooperation: Defence cooperation is a key component of India-Qatar ties, with the India-Qatar Defence Cooperation Agreement serving as a pivotal milestone.

    Challenges in the Relationship

    • Religious Controversy: In June 2022, a controversy involving derogatory remarks about the Prophet on a TV show led to tension between India and Qatar. Qatar demanded a public apology, which India addressed by swiftly sacking the individual responsible.
    • Recent shift-overs: The imprisonment of the eight ex-Navy personnel constitutes the second significant challenge. It took India by surprise in a country where a large Indian expatriate community resides, making India-Qatar relations a sensitive issue.

    Why does Qatar matter to India?

    • Expatriate Community: Indians constitute the largest expatriate community in Qatar, with approximately 800,000 individuals working and living there.
    • Remittances: The flow of remittances from Qatar and the safety of Indian citizens make Qatar vital for India’s interests.
    • Energy Security: Qatar is the largest supplier of LNG to India, making it critical for India’s energy security.
    • GCC Membership: Qatar’s membership in the Gulf Cooperation Council (GCC) is strategically significant for India, especially concerning issues like Kashmir.
    • UNSC Support: India’s bid for a permanent seat at the United Nations Security Council requires support from countries like Qatar.
    • Business Presence: Several Indian companies, including Tata Consultancy Services Ltd, Wipro, MahindraTech, and Larsen & Toubro Limited, operate in Qatar.
    • Stability in the Gulf: The stability of the Gulf region is of paramount importance to India’s energy and maritime security.

    Conclusion

    • The detention and sentencing of eight Indian nationals in Qatar have posed a complex diplomatic challenge for India.
    • Against the backdrop of India-Qatar relations, this incident underscores the importance of navigating cultural sensitivities and geopolitical dynamics to secure the release of these individuals.

  • Bhutan-China Border Talks and Indian Concerns

    Bhutan-China Border Talks

    Central Idea

    • In Beijing, the 25th round of Bhutan-China Border Talks culminated with the signing of a significant Cooperation Agreement.
    • This historic agreement reflects the progress made in their quest for border resolution, carrying forward the 3-Step Roadmap initiated in 2021.
    • Amid the backdrop of a seven-year gap in talks, these recent developments bear immense significance.

    Bhutan-China Border Talks

    • Complex Border: Bhutan and the Tibetan Autonomous Region share an extensive contiguous border, spanning approximately 470 km. Prior to 2016, the two nations engaged in 24 rounds of talks to address border disputes.
    • Positive Momentum: Talks had been stalled due to the Doklam Standoff in 2017 and the subsequent COVID-19 pandemic. However, this interlude witnessed discussions at other levels, especially after China raised concerns about a border dispute to Bhutan’s east.
    • A Seven-Year Hiatus Ends: After a prolonged pause in boundary talks lasting seven years, the resumption of discussions signals substantial headway.

    3-Step Roadmap

    • Initiating Border Delimitation: The 3-Step roadmap, established through an MoU in 2021 and facilitated by the Joint Technical Team (JTT), aims to delineate the Bhutanese and Chinese territories conclusively. Despite the absence of diplomatic ties, Bhutan and China seek to formalize their border.
    • Steps in the Roadmap:
      1. Agreement on the border “on the table.”
      2. On-ground inspections of the border.
      3. Formal demarcation of the boundary.

    India’s Vigilance and Concerns

    • Strained Sino-Indian Relations: In the context of deteriorating relations between India and China since the 2020 Line of Actual Control standoff, any warming of ties between China and one of India’s closest neighbours raises concerns in New Delhi.
    • Doklam: A Critical Focus: India closely observes discussions related to Doklam, where China has proposed a “swap” of areas under Bhutanese control with territories in Jakarlung and Pasamlung, claimed by China. The Doklam trijunction is strategically significant as it is in close proximity to India’s Siliguri corridor, a vital land link connecting northeastern states to the rest of India.
    • China’s Strategic Moves: Since the Doklam standoff in 2017, China has bolstered its presence in the Doklam plateau, constructing underground facilities, new roads, and villages in disputed areas within Bhutan, undermining India’s strategic interests.
    • Diplomatic Tensions: India remains cautious about China’s insistence on establishing full diplomatic relations with Bhutan and opening an embassy in Thimphu. Given India’s challenges with Chinese projects and funding in neighbouring countries like Bangladesh, Nepal, Sri Lanka, and the Maldives, China’s presence in Bhutan raises apprehensions.

    Conclusion

    • The Bhutan-China boundary talks represent a significant stride towards resolving longstanding disputes.
    • However, Bhutan’s leadership has emphasized that decisions will be made with due consideration for India’s concerns, maintaining a delicate balance in this Himalayan diplomatic endeavour.

  • Is India ready to host the Olympic Games?

    Olympic

    Central idea

    The article explores India’s aspiration to host the 2036 Olympics, discussing the significance of hosting the Games in terms of showcasing global standing and soft power. It delves into the challenges, including governance issues, and evaluates the country’s readiness, emphasizing the transformative potential in sports and the need for strategic planning for sustainable success.

    Relevant key points from the Article:

    • Hosting the Olympics is considered a pinnacle of sport, showcasing a nation’s soft power and global standing.
    • Challenges include the dual nature of attention, focusing on both positive and negative aspects.
    • India’s Prime Minister expressed the aspiration to host the 2036 Olympics, linking it to asserting geopolitical power and showcasing development.

    Mains Relevance of this article for UPSC:

    • Analyzing the geopolitical and developmental impact of hosting international events like the Olympics.
    • Evaluating the challenges and potential in transforming India’s sports governance and infrastructure.
    • Discussing the role of sports in soft power diplomacy and nation-building.

    India’s 2036 Ambition is for Showcasing Global Standing and Soft Power:

    • Prestige and Global Recognition: Hosting the Olympics is seen as a symbol of prestige, enabling India to garner global attention and recognition on a grand stage.
    • Cultural Diplomacy: The 16-day event acts as a platform for cultural diplomacy, allowing India to project its rich heritage, hospitality, and values to a global audience.
    • Soft Power Projection: The Olympics become a unique opportunity for India to wield soft power, influencing international perceptions about the nation’s capabilities and strengths.

    Transformative Potential in Sports:

    • Sports as National Catalyst: Sports possess transformative potential, acting as a catalyst for national development, as exemplified by the success stories of athletes like Neeraj Chopra.
    • Social Impact: Beyond individual achievements, sports contribute to broader societal impacts, with improved facilities, medical support, and global exposure enhancing overall national sports performance.
    • Inspiration for Youth: Successful sporting endeavors inspire the youth, encouraging active participation, talent development, and creating a positive impact on the country’s sports ecosystem.

    Key Challenges

    • Governance Fragmentation: Internal disputes within the National Olympic Committee (NOC), as witnessed during the 2010 Commonwealth Games in Delhi, can hinder effective governance. Infighting over athlete selection and fund allocation underscores the need for a cohesive NOC to ensure smooth event organization.
    • Infrastructure Balancing Act: Beijing’s 2008 Olympics exemplify the dual nature of hosting, showcasing impressive urban development and sports facilities. However, concerns over human rights and environmental consequences highlight the importance of a balanced approach to infrastructure development.
    • Media Scrutiny: The Olympics’ magnitude amplifies media scrutiny, requiring strategic planning for effective management. The 2016 Rio Olympics faced challenges like Zika virus concerns and infrastructure issues, emphasizing the need for proactive crisis management and communication strategies to shape positive perceptions.

    Strategic Planning for Sustainable Success:

    • Unity and Collaboration: Strategic planning requires a unified approach, emphasizing collaboration between the NOC, government, and sports bodies for effective execution.
    • Long-Term Legacy: Legacy planning is crucial, exemplified by cities like Paris, where preparations extend beyond the event, involving deep cleaning, infrastructure earmarking, and cultural integration.
    • Cohesion Over Discord: The article advocates for a cohesive strategy, steering away from discord, and promoting a shared vision for successful Olympics hosting.

    Way forward:

    • Redefining Success: Instead of focusing on a top 15 benchmark in medals ranking, the article suggests redefining success by aiming for competitiveness across various events and ensuring representation in every final.
    • Sustainable Infrastructure: A paradigm shift is proposed, favoring temporary structures that benefit communities post the Games, aligning with global trends promoting sustainable and eco-friendly hosting.
    • Global Recognition: As India aspires to host the 2036 Olympics, the article concludes by underscoring the potential for enhanced global recognition, geopolitical influence, and accelerated national development through strategic planning and effective execution.

    Conclusion:

    • Hosting the Olympics is an opportunity for India to showcase development, assert geopolitical power, and transform its sports landscape.
    • The journey towards the 2036 Olympics requires addressing governance issues, developing key sports, and nurturing talent.
    • A realistic approach considering a 20-year horizon may be more practical for sustainable and impactful change.

  • LS Ethics Committee: Its’ Constitution, Members

    Central Idea

    • The Lok Sabha Ethics Committee, set up over two decades ago, plays a pivotal role in overseeing the conduct of members and addressing cases of misconduct.
    • While it predominantly handles relatively minor offenses, its significance in maintaining ethical standards in Parliament cannot be understated.

    History of Ethics Committees

    • Origin in 1996: The concept of ethics panels for the two Houses of Parliament was first proposed during a Presiding Officers’ Conference in Delhi in 1996.
    • Rajya Sabha’s Pioneering Committee: Vice President K R Narayanan, who served as Rajya Sabha Chairman, established the Ethics Committee for the Upper House on March 4, 1997. It officially commenced its duties in May of the same year.
    • Lok Sabha’s Journey: Lok Sabha’s Ethics Committee journey was delayed initially. A study group within the House Committee of Privileges recommended its formation in 1997 after studying legislative ethics practices worldwide. However, it only became a permanent fixture in the Lok Sabha in 2015, following its ad hoc establishment in 2000.

    Procedure for Complaints

    • Complaint Origins: Any person can file a complaint against a Member of Parliament (MP) through another Lok Sabha MP. The complaint must be accompanied by evidence of alleged misconduct and an affidavit confirming its authenticity. MPs can also lodge complaints without the need for an affidavit.
    • Speaker’s Role: The Speaker can refer any complaint against an MP to the Ethics Committee.
    • Prima Facie Inquiry: The Committee conducts a preliminary inquiry to determine if a complaint warrants further examination. It proceeds to evaluate and make recommendations after this stage.
    • Report Presentation: The Committee presents its findings to the Speaker, who seeks the House’s input on whether to consider the report. A half-hour discussion on the report can also be scheduled.

    Privileges Committee Comparison

    • Overlapping Responsibilities: The Ethics Committee and the Privileges Committee occasionally deal with similar cases. More serious allegations typically go to the Privileges Committee.
    • Privileges Committee’s Mandate: The Privileges Committee safeguards the “freedom, authority, and dignity of Parliament.” It can address breaches of privilege by MPs or non-MPs that undermine the House’s authority and dignity.
    • Ethics Committee’s Scope: The Ethics Committee primarily focuses on cases of misconduct involving MPs.

    2005 Cash-for-Query Case

    • Expulsion of MPs: In 2005, a significant episode unfolded when both Houses expelled 10 Lok Sabha MPs and one Rajya Sabha MP implicated in the cash-for-query scandal. They were accused of accepting money to raise questions in Parliament.
    • Bansal Committee’s Report: The Lok Sabha took action based on the report of a special committee led by Chandigarh MP P K Bansal. In contrast, Rajya Sabha entrusted the House Ethics Committee with investigating the matter.
    • Evidence in the 2005 Case: Former Lok Sabha Secretary General P D T Achary noted that the 2005 case was backed by substantial evidence from a sting operation. Establishing a money trail could be the challenge in the recent Bengal MP case.

    Conclusion

    • The Lok Sabha Ethics Committee, although historically ad hoc and relatively recent in its permanent establishment, plays a critical role in upholding the ethical standards of India’s parliamentary members.
    • It serves as a guardian of parliamentary ethics, ensuring that members adhere to the highest moral standards while fulfilling their legislative responsibilities.
    • The Committee’s work, while often overshadowed, is integral to maintaining the integrity of the Lok Sabha.

  • International Solar Alliance to release ‘Solar Stocktake’ Report

    solar

    Central Idea

    • The International Solar Alliance (ISA), a coalition of 116 member nations committed to advancing global solar technology adoption, is set to unveil its inaugural ‘global solar stock-take report.’
    • This initiative is inspired by the United Nations’ inaugural ‘Global Stocktake’ event, slated for Dubai later this year.

    About International Solar Alliance (ISA)

    • The ISA is an alliance of more than 121 countries, most of them being sunshine countries, which lie either completely or partly between the Tropic of Cancer and the Tropic of Capricorn.
    • It is headquartered in Gurugram, India.
    • The primary objective of the alliance is to work for efficient exploitation of solar energy to reduce dependence on fossil fuels.
    • The alliance is a treaty-based inter-governmental organization.
    • The initiative was launched by PM Modi at the India Africa Summit and a meeting of member countries ahead of the 2015 UN Climate Change Conference in Paris in November 2015.

    ISA’s Solar Stocktake

    • First-Ever Report: The ISA’s ‘solar stocktake’ report marks a historic endeavor, with its release scheduled for mid-November.
    • Assessing Progress: The report will comprehensively evaluate the strides made by nations in the adoption of solar energy.
    • Global Solar Investment: Notably, investments in solar energy have surged, reaching nearly $300 billion in 2020 and approximately $380 billion in 2022. However, there is significant manufacturing concentration in China.
    • Diversifying Solar Manufacturing: The ISA aims to explore strategies for diversifying solar manufacturing beyond China.

    ISA’s Commitment to Solar Expansion

    • Leadership: The ISA, co-led by India and France, is gearing up for its sixth annual meeting, scheduled in Delhi.
    • Africa Solar Focus: One of the ISA’s primary objectives is to expand solar installations in Africa. To facilitate this, the Global Solar Facility (GSF) has been established.
    • Global Solar Facility (GSF): The GSF consists of three funds: a payment guarantee fund, an insurance fund to mitigate project risks, and an investment fund for technical assistance.
    • Expanding to Other Regions: Following its work in Africa, the ISA aims to extend its efforts to West Asia, Latin America, and the Caribbean.

    Global Solar Energy Landscape

    • Growing Solar Capacity: As of 2022, global solar photovoltaic installations reached 1,133 gigawatts (GW), with an impressive addition of 191 GW in 2022.
    • Chinese Dominance: China, despite not being an ISA member, accounts for nearly a quarter of global solar installations, at around 350 GW. The United States, an ISA member, follows with 111 GW. India, also an ISA member, ranks among the top five countries globally, with 62 GW of solar capacity.

    Conclusion

    • The ISA’s ‘solar stocktake’ report represents a significant milestone in the global push for solar energy adoption.
    • As the world grapples with the imperative to transition to renewable energy sources, this initiative offers insights into progress and challenges.

  • United Nations at 76: From Inception to Evolution

    United Nations

    Central Idea

    • On this day in 1945, the United Nations (UN) was established amid a backdrop of global turmoil, emerging from the shadows of two devastating world wars.
    • This article traces the birth of the UN, its historical evolution, and highlights both its notable achievements and challenges.

    Birth of the UN

    • Post-World War Turmoil: Following the devastation of both World War I and World War II, global powers were grappling with the need for a more effective international organization to prevent future conflicts.
    • Predecessor: The League of Nations, established in 1919 after World War I, laid the foundation for the UN’s creation but faltered during World War II.
    • The Atlantic Charter: In August 1941, US President Franklin D. Roosevelt and UK PM Winston Churchill issued the Atlantic Charter, an affirmation that paved the way for the UN. It articulated shared principles for a better world.
    • Birth of the Term ‘UN’: The term ‘UN’ was first coined by President Roosevelt in 1941 to identify the Allied nations against the axis powers.
    • Declaration of the UN: On January 1, 1942, representatives of 26 Allied nations gathered in Washington DC to sign the Declaration of the UN, outlining the war objectives of the Allied powers. India, under British colonial rule, was among these nations.

    Inception and Charter

    • Formation and Ratification: The UN officially came into existence on October 24, 1945, with ratification by 51 nations, including five permanent members (France, Republic of China, Soviet Union, UK, and US).
    • General Assembly Inauguration: The first meeting of the General Assembly took place on January 10, 1946.
    • UN’s Core Goals: The UN was founded on four key goals: maintaining international peace and security, fostering friendly relations among nations, promoting international cooperation in problem-solving, and coordinating global actions toward common objectives.

    Evolution and Impact

    • Membership Growth: Initially comprised of 51 member states, the UN’s membership expanded as independence movements and decolonization unfolded. Today, it boasts 193 member countries.
    • Broadened Scope: Over 75 years, the UN has tackled numerous global issues, including health, environment, and women’s empowerment.

    Achievements of the UN

    • Peace and Security: Prevented conflicts, mediated peace agreements, and conducted peacekeeping missions in places like Bosnia and Kosovo.
    • Humanitarian Aid: Provided vital aid through agencies like WFP and UNICEF, offering food, shelter, and healthcare during crises.
    • Human Rights: Established the Universal Declaration of Human Rights and monitors violations globally through mechanisms like the Human Rights Council.
    • Health: Led efforts against diseases like smallpox and HIV/AIDS through WHO, addressing current threats like COVID-19.
    • Refugee Support: UNHCR aids refugees and internally displaced persons while advocating for their rights.
    • Environmental Advocacy: Raised awareness about climate change, negotiated the Paris Agreement, and promotes sustainability via UNEP.

    Failures and Criticisms of the UN

    • Genocide Prevention: Failed to prevent genocides like Rwanda and Srebrenica despite early warnings.
    • Peacekeeping Challenges: Faced issues like misconduct allegations and difficulties in halting violence in missions like South Sudan.
    • Veto Powers: Criticized for Security Council veto powers that hinder action and maintain power imbalances.
    • Enforcement Limits: Reliant on member states for enforcement, leading to limited action in cases of non-compliance, as seen in the Iraq War.
    • Lack of Representation: Critiqued for underrepresenting Global South countries in key decision-making bodies.
    • Neoliberal Influence: Accused of promoting neoliberal economic policies, which can exacerbate inequalities, through associated organizations like the World Bank and IMF.

    Future Plan

    • 2020 Declaration: In a high-level UN General Assembly meeting commemorating 75 years of the UN, a declaration was adopted outlining goals for the next decade. These include protecting the environment, promoting peace, gender equality, digital cooperation, and sustainable financing.
    • Decade of Action: The next ten years, designated as the “decade of action and delivery for sustainable development,” are considered critical for addressing global challenges, especially in the wake of the COVID-19 pandemic.

    Conclusion

    • The UN, born out of the ashes of conflict, has played a significant role in shaping the world’s course over the past 75 years.
    • Its journey has been marked by both notable achievements and formidable challenges.
    • As it enters a new decade with a renewed commitment to global betterment, the UN continues to evolve as a pivotal force in promoting international cooperation and addressing humanity’s most pressing issues.

  • Back in news: Article 142 of the Constitution

    Central Idea

    • The Supreme Court has used its extraordinary constitutional power under Article 142 to do complete justice for a 50-year-old man who fought for nearly three decades against the postal department’s refusal to give him a job despite his name figuring high on the merit list.

    What is Article 142?

    Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:

    [1] Article 142(1)

    • The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Any decree so passed or order so made shall be enforceable throughout the territory of India.
    • It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

    [2] Article 142(2)

    • The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

    Important instances when Article 142 was invoked

    • Bhopal Gas tragedy case: The SC awarded a compensation of $470 million to the victims and held that “prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.”
    • Babri Masjid demolition case: The Supreme Court ordered framing of a scheme by the Centre for formation of trust to construct Ram Mandir at the Masjid demolition site in Ayodhya.
    • Liquor sale ban case: The Supreme Court banned liquor shops within a distance of 500 metres from National as well as State highways in order to prevent drunken driving.
    • Ex-PM Assassin case: In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it.

    Try this PYQ from CSP 2019:

    Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

    (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

    (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

    (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

    (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

    [wpdiscuz-feedback id=”qhatf1pn71″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Article 142 of Indian Constitution

    Central idea:  Supreme Court has ruled that it can dissolve a marriage on the ground of irretrievable breakdown, using its power under Article 142(1), without referring the parties to family court for waiting period of 6-18 months for mutual consent divorce.

    What is Article 142?

    Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:

    [1] Article 142(1)

    • The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Any decree so passed or order so made shall be enforceable throughout the territory of India.
    • It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

    [2] Article 142(2)

    • The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

    History of Article 142

    • When a draft Constitution was prepared by the drafting committee and placed before the Constituent Assembly, Article 142 was actually numbered as Article 118.
    • It was placed before the Constituent Assembly on May 27, 1949 for debate but got adopted on the same day without any debate.
    • This was possibly because everyone agreed that in order to ensure judicial independence, the highest court of the country must be empowered with plenary power to do complete justice.

    Article 142 in Divorce Cases

    (1) Current Divorce Process

    • The Hindu Marriage Act allows for “divorce by mutual consent.”
    • Both parties must file a petition to the district court, citing that they have been living separately for at least one year and mutually agree to dissolve the marriage.
    • The parties must then move a second motion before the court, no earlier than six months after filing the first petition and no later than 18 months after the same date.

    (2) Factors considered for irretrievable breakdown

    The Court must be convinced that the marriage is “totally unworkable, emotionally dead, and beyond salvation.” The following factors can be considered:

    1. The period of time that the parties had cohabited after marriage
    2. When the parties had last cohabited
    3. Nature of allegations made by the parties against each other and their family members
    4. Orders passed in the legal proceedings from time to time
    5. Cumulative impact on the personal relationship
    6. Whether and how many attempts were made to settle the disputes by a court or through mediation, and when the last attempt was made.
    7. The period of separation should be sufficiently long, and anything above six years or more will be a relevant factor.
    8. It is necessary to evaluate the factors according to the economic and social status of the parties, including their educational qualifications, whether they have any children, their age, and whether the spouse and children are dependents.

    Try this PYQ from CSP 2019:

    Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

    1. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
    2. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
    3. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
    4. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

     

    [wpdiscuz-feedback id=”kj1si5az7m” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • How are Symbols allotted to Political Parties in India?

    symbols

    Central Idea

    • A recent Supreme Court decision declining a plea by a political party in Telangana, questioning the allocation of election symbols, has thrown the spotlight on the intriguing world of political symbols in India.
    • This article delves into the process of symbol allocation and its role in shaping the country’s political landscape.

    Symbols Allocation Authority: ECI

    • The ECI is responsible for allocating symbols to political parties, following guidelines laid out in The Election Symbols (Reservation and Allotment) Order, 1968.
    • This order aims to regulate symbol specification, reservation, choice, and allotment during elections.

    Types of Election Symbols

    • Reserved and Free Symbols: Symbols can be either reserved, exclusively assigned to recognized political parties, or ‘free’ symbols that can be chosen by unrecognised registered parties’ candidates. Unrecognized parties are those that haven’t met the criteria for state party recognition.
    • Exclusive Symbols: Recognized national and state parties are granted exclusive symbols, signifying their established status.

    Symbol Selection by Parties

    • Preference Lists: Unrecognized parties provide a list of ten preferred symbols from the free symbol pool.
    • Proposal of New Symbols: Parties can propose up to three new symbols for consideration, provided they do not resemble reserved or free symbols, carry religious or communal connotations, or depict birds or animals.
    • Common Symbol Assignment: The ECI may allot a proposed symbol as a common symbol for the party if it deems it suitable.

    Historical Origins of Symbols

    • Sketching Process: Symbols were initially sketched by MS Sethi, who retired from the ECI in 1992. These symbols were conceived through brainstorming sessions where the goal was to identify objects that the common man could relate to.
    • Birth of Familiar Symbols: Many iconic symbols such as the bicycle, elephant, and broom originated from these sessions.
    • Unconventional Entries: Some lesser-known symbols like a pair of glasses, a nail cutter, and a neck-tie were also suggested, reflecting the diversity of ideas.
    • Modern Additions: Over time, new symbols like a bowl of noodles and a mobile charger have been included in the symbol list, reflecting contemporary times.

    Political Parties’ Say

    • Preference Submission: Unregistered parties submit their symbol preferences from the list of free symbols.
    • Proposal of New Symbols: Parties can suggest up to three new symbols with clear designs and drawings.
    • Criteria for Approval: Proposed symbols must not resemble existing reserved or free symbols, possess religious or communal connotations, or depict birds or animals.

    Symbol Allocation in Split Parties

    • Decision by ECI: When recognized political parties split, the ECI determines the symbol assignment. For example, the Congress party’s symbol evolved from a pair of bulls to the current hand symbol due to splits.
    • Recent Example: The ECI assigned different symbols to factions of the Shiv Sena, allowing one faction to retain the bow and arrow symbol while allotting a flaming torch to the other.

    Conclusion

    • The allocation of election symbols in India is a meticulous process governed by the ECI’s guidelines.
    • These symbols hold profound significance in political campaigns, representing parties’ identities and ideologies.
    • Understanding the history and intricacies of symbol allocation provides valuable insights into India’s dynamic political landscape.